Section 69C-2.034 - Disqualification, Suspension, and Administrative Penalty(1) Disciplinary guidelines. This rule establishes disciplinary procedures and guidelines supplemental to chapter 120, F.S., and sections 280.051 through 280.06, F.S., for a qualified public depository, either an applicant or designee, regarding the public deposits program. The Chief Financial Officer may impose a penalty or penalties upon a determination that a qualified public depository, applicant or designee, has violated any provision of this rule chapter or chapter 280, F.S.(2) Procedures for Discipline. The procedures for discipline are set forth in section 280.052 and chapter 120, F.S.(3) Mitigating and Aggravating Factors. In determining the appropriate disciplinary action to be imposed under sections 280.053 and 280.54, F.S., the Chief Financial Officer will consider aggravating and mitigating factors under the circumstances, which includes: (a) the danger to the public health, safety, or welfare;(b) number of counts or violations;(c) the monetary harm caused to the state of Florida and any public depositor;(d) the non-monetary harm caused to the state of Florida and any public depositor;(e) whether the violation or violations were willful;(f) the deterrent effect of the penalty imposed;(g) improvement or correction efforts since the violation;(h) the length of time since the date of the violation; and(i) the number of previous disciplinary cases filed against the qualified public depository.Fla. Admin. Code Ann. R. 69C-2.034
Rulemaking Authority 280.052, 280.19 FS. Law Implemented 280.02, 280.025, 280.03, 280.04, 280.041, 280.05, 280.051, 280.052, 280.053, 280.54, 280.055, 280.06, 280.07, 280.08, 280.10, 280.11, 280.13, 280.16, 280.17 FS.
Adopted by Florida Register Volume 50, Number 231, November 26, 2024 effective 12/9/2024.